Second or Subsequent Offenses; Penalties

(a)[No text] CH. 67 GUAM UNIFORM CONTROLLED SUBSTANCES ACT

(1)Any person convicted of an offense under Article 6 of this Act with respect to a controlled substance listed in Schedule I or II of this Act which is a narcotic drug, if it is the offender’s second or subsequent offense, the person shall be sentenced to a term of imprisonment which may not be less than twenty

(20)years and which may be up to life imprisonment and may, in addition, be fined not more than One Hundred Thousand Dollars ($100,000.00). The sentence, if for a term of years, shall include a special parole term of not less than six

(6)years in addition to such other term of imprisonment. In the case of any sentence under this Paragraph, imposition or execution of such sentence shall not be suspended and probation shall not be granted. Parole or work release shall not be granted to the offender until he has served at least twenty

(20)years of his sentence of imprisonment.

(2)Any person who committed an offense under Article 6 of this Act with respect to a controlled substance listed in Schedule I or II of this Act which is a narcotic drug while such person was released on bail pursuant to Chapter 40 of Title 8 of the Guam Code Annotated, Criminal Procedure, in a charge of an offense under Article 6 of this Act shall be sentenced to a term of imprisonment which may not be less than twenty

(20)years and which may be up to life imprisonment and may, in addition, be fined not more than One Hundred Thousand Dollars ($100,000.00). The sentence, if for a term of years, shall include a special parole term of not less than six

(6)years in addition to such term of imprisonment. In the case of any sentence under this Paragraph, imposition or execution of such sentence shall not be suspended and parole shall not be granted. Parole or work release shall not be granted to the offender until he has served at least twenty

(20)years of his sentence of imprisonment.

(3)The minimum term of imprisonment prescribed in Paragraphs

(1)and

(2)of this Subsection shall not apply in the case of a person who the Court determines violated Article 6 of this Act for the primary purpose of enabling him to obtain a narcotic drug which he requires for his personal use because of his addiction to such drug. The Court shall take into consideration the amount of the controlled substance imported in determining if the offender’s primary purpose is importation or exportation for his own use.

(b)For purposes of this Section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such offense, he was convicted of one

(1)or more felonies under any provision of this Act or law of the United States, a state or foreign jurisdiction relating to narcotic drugs or depressant or stimulant drugs.

(c)Section 67.401.8 of this Act shall apply with respect to any proceeding to sentence a person under this Section.